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Sanitation worker sues city over 'significant brain injury' allegedly suffered on the job

Mike-Felon.jpeg

Michael Felong, seen in this 2009 photo, suffered permanent brain injuries when he was allegedly struck by an object ejected from a Sanitation truck's hopper. (Photo courtesy of Michael Felong and Douglas M. Jones)

STATEN ISLAND, N.Y. -- It was a typical Saturday for veteran city sanitation worker Michael Felong.

Felong was collecting recyclables in Tottenville when something went terribly wrong.

As Felong began dumping a load of metal recyclables into the back of his truck on July 24, 2010, an object flew out of the truck's hopper and struck him above the eye, severely injuring him and ultimately forcing him to retire on a disability, according to his attorney and lawsuit papers recently transferred to state Supreme Court, St. George.

Felong, a former borough resident who now lives in Orange County, N.Y., has sued the city over the incident, alleging the truck and hopper were defectively designed and maintained.

The suit, originally filed in Orange County state Supreme Court in 2011, was recently transferred here on the city's motion.

Typically, a claim against a municipality must be brought in the county where the municipality is located.

Felong, now 47, seeks unspecified monetary damages.

The incident occurred around 8:30 a.m. on Hopping Avenue.

Jones, the lawyer, said the truck's hopper had just compressed a load, and Felong approached it with some more metal recyclables.

His client began filling the hopper when an object shot out and hit him above the right eye, Jones said.

Felong was dazed and went to the front of the truck to tell his partner, who was driving, what had happened.

They called an ambulance and he was taken to the hospital, Jones said.

The lawyer said the object that struck his client was never recovered.

Felong's skull was shattered above the eye, according to an injury report filed with the city.

Felong suffered damage to his bones, tissue and nerves, which required surgery, the report said.

Felong's permanent brain injuries forced him to retire on disability, according to his court filings.

Felong's suit papers allege a union representative told him there had been "several other similar incidents" due to the truck's design, and the issue had been brought to the city's attention at several monthly meetings.

Jones said his client, a father of two, has trouble with his short-term memory, suffers from headaches and is "very reactive" to heat and cold.

"He just has a lot of effects from it," Jones said.

A city Law Department spokeswoman declined comment, citing the pending litigation.